Bronson v. Hewitt

Bronson v. Hewitt

Aggravated and punitive damages were not warranted on the facts; compensatory awards ordered at trial are adequate and achieve denunciation/deterrence. The Proceeds Award must be paid to the beneficiaries in Canadian dollars (FMCA does not apply here), fixed at $522,000 CAD (Tommy $261,000; Lee, Virginia, Davis $87,000 each) with pre‑judgment interest from March 3, 2004; the Damage Award of $350,000 CAD is confirmed; Mason is entitled to special costs of $575,000 CAD from the four plaintiff beneficiaries jointly and severally; plaintiffs are entitled to increased Scale C costs against Howard and Eugene subject to allocation deductions for the separate claim against Mason and limitation to...

Citation
2011 BCSC 102
Parties
Plaintiffs and Third Party: Thomas E. Bronson et al.; Defendant (trustee): Howard H. Hewitt; Defendant: A. Eugene Lewis; Defendants: Margaret H. Mason; Bull Housser & Tupper; Bull, Housser & Tupper LLP
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 January 2011
Procedural Posture
Trusts and Fiduciary Duty Action (breach of Trust) / Supplementary Reasons Following Trial — Remedies, Damages, Currency and Costs Assessment (post Judgment)
Legal Topics
Breach of Trust, Fiduciary Duty, Aggravated Damages, Punitive Damages, Remedies and Restitution, Reconstitution of Trust, Foreign Money Claims Act, Special Costs, Bullock/sanderson Orders, Currency Conversion
Source Language
English
Trusts Equity Civil Procedure Costs Damages Tax Law Foreign Currency Conversion Breach of Trust +9 more

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Parties

Thomas E. Bronson et al.

Plaintiffs and Third Party

Howard H. Hewitt

Defendant (trustee)

A. Eugene Lewis

Defendant

Margaret H. Mason; Bull Housser & Tupper; Bull, Housser & Tupper LLP

Defendants

Procedural Posture

Trusts and Fiduciary Duty Action (breach of Trust) / Supplementary Reasons Following Trial — Remedies, Damages, Currency and Costs Assessment (post Judgment)

Legal Issues

  1. 1 Whether aggravated damages should be awarded for mental distress arising from the breach of trust
  2. 2 Whether punitive damages should be awarded against the trustee and aider
  3. 3 Whether monetary awards should be paid to the trust (BNT) or directly to beneficiaries

Ratio Decidendi

Aggravated and punitive damages were not warranted on the facts; compensatory awards ordered at trial are adequate and achieve denunciation/deterrence. The Proceeds Award must be paid to the beneficiaries in Canadian dollars (FMCA does not apply here), fixed at $522,000 CAD (Tommy $261,000; Lee, Virginia, Davis $87,000 each) with pre‑judgment interest from March 3, 2004; the Damage Award of $350,000 CAD is confirmed; Mason is entitled to special costs of $575,000 CAD from the four plaintiff beneficiaries jointly and severally; plaintiffs are entitled to increased Scale C costs against Howard and Eugene subject to allocation deductions for the separate claim against Mason and limitation to...